21-086 Environmental Innovations, Outreach Services for Single-use Disposable Food Service Ware OrdinanceOutreach Services for Single-use Disposable Food Service Ware Ordinance
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PROFESSIONAL/CONSULTING SERVICES AGREEMENT
1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”),
and Environmental Innovations (“Contractor”), a Corporation for Outreach Services for Single-
use Disposable Food Service Ware Ordinance, and is effective on the last date signed below
(“Effective Date”).
2. SERVICES
Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in
Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry
out its work in compliance with the City’s Shelter In Place and Social Distancing Requirements,
attached here and incorporated as Exhibit A-A.
3. TIME OF PERFORMANCE
3.1 This Agreement begins on the Effective Date and ends on December 31, 2021 (“Contract
Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the
effective date and shall be completed by December 31, 2021. The City’s appropriate department
head or the City Manager may extend the Contract Time through a written amendment to this
Agreement, provided such extension does not include additional contract funds. Extensions
requiring additional contract funds are subject to the City’s purchasing policy.
3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the
Schedule of Performance, attached and incorporated here Exhibit B.
3.3 Time is of the essence for the performance of all the Services. Contractor must have
sufficient time, resources, and qualified staff to deliver the Services on time.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Services an amount that will based on actual costs but that will be capped so as not to exceed
$27,900.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and
rates included in Exhibit C, Compensation attached and incorporated here. The maximum
compensation includes all expenses and reimbursements and will remain in place even if
Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted
without prior written approval of City.
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4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable
completed and the amount due for the preceding month. Within thirty (30) days of completion of
Services, Contractor must submit a requisition for final and complete payment of costs and pending
claims for City approval. Failure to timely submit a complete and accurate payment requisition
relieves City of any further payment or other obligations under the Agreement.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint
venture of City. Contractor is solely responsible for the means and methods of performing the
Services and for the persons hired to work under this Agreement. Contractor is not entitled to
health benefits, worker’s compensation, or other benefits from the City.
5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors
that they have the qualifications and skills to perform the Services in a competent and professional
manner and according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that
they are properly licensed, registered, and/or certified to perform the Services as required by law
and have procured a City Business License, if required by the Cupertino Municipal Code.
5.4 Subcontractors. Only Contractor’s employees are authorized to work under this
Agreement. Prior written approval from City is required for any subcontractor, and the terms and
conditions of this Agreement will apply to any approved subcontractor.
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and
equipment required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor
and any of its employees, agents, and subcontractors shall not have any claim under this Agreement
or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off,
overtime, health insurance, medical care, hospital care, insurance benefits, social security,
disability, unemployment, workers compensation or employee benefits of any kind. Contractor
shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or
charges applicable to Contractor’s business including, but not limited to, federal and state income
taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf
of Contractor. Should any court, arbitrator, or administrative authority, including but not limited
to the California Public Employees Retirement System (PERS), the Internal Revenue Service or
the State Employment Development Division, determine that Contractor, or any of its employees,
agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in
amounts payable under this Agreement, or to promptly remint to City any payments due by the
City as a result of such determination, so that the City’s total expenses under this Agreement are
not greater than they would have been had the determination not been made.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information
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owned or controlled by the City, which may contain proprietary or confidential details the
disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence
all City information provided by City to Contractor and use it only to perform this Agreement.
Contractor shall exercise the same standard of care to protect City information as a reasonably
prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product,
memoranda, study, report, map, plan, drawing, specification, data, record, document, or other
information or work, in any medium (collectively, “Work Product”), prepared by Contractor in
connection with this Agreement will be the exclusive property of the City upon completion of the
work to be performed hereunder or upon termination of this Agreement, to the extent requested by
City. In any case, no Work Product shall be shown to any third-party without prior written approval
of City.
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising
out of this Agreement is considered “works for hire” and all copyrights to the Work Product will
be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.
Contractor may use copies of the Work Product for promotion only with City’s written approval.
7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized
use of any third party intellectual property, including but not limited to patented, trademarked, or
copyrighted intellectual property if incorporated into the Services or Work Product of this
Agreement.
7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City
may use or modify the Work Product of Contractor or its sub-contractors prepared or created under
this Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired;
(b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or
(d) Other City projects.
7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work
Product, on recycled paper and copied on both sides, except for one single-sided original.
8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in
accordance with generally accepted accounting principles. The records must include detailed
information of Contractor’s performance, benchmarks and deliverables, which must be available
to City for review and audit. The records and supporting documents must be kept separa te from
other records and must be maintained for four (4) years from the date of City’s final payment.
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9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest
therein, directly or indirectly, by operation of law or otherwise, without prior written consent of
City. Any attempt to do so will be null and void. Any changes related to the financial control or
business nature of Contractor as a legal entity is considered an assignment of the Agreement and
subject to City approval, which shall not be unreasonably withheld. Control means fifty percent
(50%) or more of the voting power of the business entity.
10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of
this Agreement and for one year thereafter, will reference the City’s contributions in making the
project possible. The words “City of Cupertino” will be displayed in all pieces of publicity,
including flyers, press releases, posters, brochures, public service announcements, interviews and
newspaper articles. No signs may be posted, exhibited or displayed on or about City property,
except signage required by law or this Contract, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active
negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, officials, employees, agents,
servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City,
from and against any and all liability, damages, claims, actions, causes of action, demands,
charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to
litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from
this Agreement or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations, or warranties;
(b) Negligent or willful acts or omissions committed during performance of the Services;
(c) Personal injury, property damage, or economic loss resulting from the work or performance
of Contractor or its subcontractors or sub-subcontractors;
(d) Unauthorized use or disclosure of City’s confidential and proprietary Information;
(e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark,
or service mark or other proprietary or intellectual property rights of any third party.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must
accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request,
Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this
Agreement.
11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’
compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in
the Agreement shall be construed to give rise to an implied right of indemnity in favor of
Contractor against City or any Indemnitee.
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11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a
claim or counterclaim arising out of this Agreement, a purchase order, or other transaction.
11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section 11 from each and every subcontractor, or any other person or
entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
11.6. This Section 11 shall survive termination of the Agreement.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as
Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as
required by City. City will not execute the Agreement until City approves receipt of satisfactory
certificates of insurance and endorsements evidencing the type, amount, class of operations
covered, and the effective and expiration dates of coverage. Failure to comply with this provision
may result in City, at its sole discretion and without notice, purchasing insurance for Contractor
and deducting the costs from Contractor’s compensation or terminating the Agreement.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and
regulations applicable to this Agreement. Contractor will promptly notify City of changes in the
law or other conditions that may affect the Project or Contractor’s ability t o perform. Contractor
is responsible for verifying the employment authorization of employees performing the Services,
as required by the Immigration Reform and Control Act.
13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If
the Scope of Services includes a “public works” component, Contractor is required to comply with
prevailing wage laws under Labor Code Section 1720 and other labor laws.
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious
creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy,
age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome
(AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination
laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735,
1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination,
Contractor understands that harassment and discrimination directed toward a job applicant, an
employee, a City employee, or any other person, by Contractor or its employees or sub-contractors
will not be tolerated. Contractor agrees to provide records and documentation to the City on
request necessary to monitor compliance with this provision.
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable
to this Agreement and must avoid any conflict of interest. Contractor warrants that no public
official, employee, or member of a City board or commission who might have been involved in
the making of this Agreement, has or will receive a direct or indirect financial interest in this
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Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be
required to file a conflict of interest form if Contractor makes certain governmental decisions or
serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of
Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and
employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursements or terminating this Agreement. City reserves all
other rights and remedies available under the law and this Agreement, including the right to seek
indemnification under Section 11 of this Agreement.
14. PROJECT COORDINATION
City Project Manager. The City assigns Ursula Syrova as the City’s representative for all purposes
under this Agreement, with authority to oversee the progress and performance of the Scope of
Services. City reserves the right to substitute another Project manager at any time, and without
prior notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Josephine Fleming as
its single Representative for all purposes under this Agreement, with authority to oversee the
progress and performance of the Scope of Services. Contractor’s Project manager is responsible for
coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule
of Performance. Contractor must regularly update the City’s Project Manager about the progress
with the work or any delays, as required under the Scope of Services. City written approval is
required prior to substituting a new Representative.
15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts therefor at any time. Contractor will be
compensated for satisfactory Services performed through the date of abandonment, and will be
given reasonable time to assemble the work and close out the Services. With City’s pre-approval
in writing, the time spent in closing out the Services will be compensated up to a maximum of ten
percent (10%) of the total time expended to date in the performance of the Services.
16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid
for satisfactory Services rendered through the date of termination, but final payment will not be
made until Contractor closes out the Services and delivers the Work Product.
17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsui ts filed related to
this Agreement must be filed with the Superior Court for the County of Santa Clara, State of
California. Contractor must comply with the claims filing requirements under the Government
Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide
the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award
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must be supported by law and substantial evidence and include detailed written findings of law
and fact.
18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or
other proceedings to enforce its rights or a judgment in connection with this Agreement, the
prevailing party will be entitled to reasonable attorney fees and costs.
19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract
provision. City’s waiver of a breach shall not constitute waiver of another provision or breach.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between
the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written,
between the Parties. Any modification of this Agreement will be effective only if in writing and
signed by each Party’s authorized representative. No verbal agreement or implied covenant will
be valid to amend or abridge this Agreement. If there is any inconsistency between any term,
clause, or provision of the main Agreement and any term, clause, or provision of the attachments
or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will
be inferred herein. Either party may request an amendment to cure mistaken insertions or
omissions of required provisions. The Parties will collaborate to implement this Section, as
appropriate.
23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in
no way affect, limit, or amplify the terms or provisions of this Agreement.
24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found
by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in
force and effect to the extent allowed by such ruling. All other terms and provisions of this
Agreement or their application to specific situations shall remain in full force and effect. The
Parties agree to work in good faith to amend this Agreement to carry out its intent.
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25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated,
including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law,
and Attorney Fees, shall survive the Agreement and remain in full force and effect.
26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be
considered effective on the date of personal delivery or the date confirmed by a reputable overnight
delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid,
registered or certified, or the next business day following electronic submission:
To City of Cupertino
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention: Ursula Syrova
Email: ursulas@cupertino.org
To Contractor:
Environmental Innovations
307 Laguna St.
Santa Cruz, CA 95060
Attention: Josephine Fleming
Email: jofleming@nvironmentalin.com
27. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that
Contractor has full right, power, and authority to enter into and carry out all actions contemplated
by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a
legally binding obligation of Contractor. This Agreement may be executed in counterparts, each
one of which is deemed an original and all of which, taken together, constitute a single binding
instrument.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO CONTRACTOR
A Municipal Corporation
By By
Name Name
Title Title
Date Date
President
Jul 27, 2021
Josephine Fleming
Jul 27, 2021
Environmental Programs Manager
Ursula Syrova (she/her)
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APPROVED AS TO FORM:
CHRISTOPHER JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
Christopher D. Jensen
Jul 27, 2021
April 27, 2021
City of Cupertino
Attn: Ms. Ursula Syrova
environmental@cupertino.org
Re: Foodware Awareness Engagement Proposal
Dear Ms. Syrova and Team:
Environmental Innovations, Inc. (EI, a Public Benefit B Corp) is pleased to present this proposal to provide
guidance and assistance to conduct representative and inclusive stakeholder and community engagement
to inform decision makers regarding foodware ordinance elements and phasing in the City of Cupertino. EI
is currently leading a “Foodware Aware” team in the County of San Mateo’s Disposable Food Service Ware
Ordinance to develop, implement, and track the effectiveness of a comprehensive, standardized, and
impactful community awareness and engagement program for the Disposable Food Service Ware
Ordinance.
EI has over two decades of experience creating environmental solutions that encompass deep
collaborations and public/private partnerships that both heal and empower communities. We pride
ourselves on designing programs around hard-to-reach and vulnerable stakeholders/communities at the
outset. We have designed an approach for San Mateo County that prioritizes eliminating single-use plastics
and related sources of waste and pollution, such as PLA’s and PFAS, to improve the health and safety of
community members, and keep our waterways clean and safe. The approach incorporates rebates and
incentives, key community-based groups and foodware manufacturer discounts. As such, we have
significant experience in this realm and the learnings and materials we are developing can be leveraged in
the City of Cupertino for cost savings and efficiency.
Please do not hesitate to reach out to us if you have any questions: Jo Fleming,
jofleming@environmentalin.com / (831) 706-7384.
Sincerely,
Josephine Fleming
President, Environmental Innovations and
Executive Director, California Green Business Network
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EXHIBIT A- Scope of Services
Executive Summary
Environmental Innovations, Inc. (EI, a Public Benefit B
Corp) is pleased to present this proposal to provide
multilingual outreach and graphic design with a diversity,
equity, and inclusion lens surrounding the potential for a
foodware ordinance in the City of Cupertino. Since EI is
already engaged in doing this outreach for the County of
San Mateo, much of what has already been developed can
be altered for the City of Cupertino, allowing us to do much
more work than what the budget for this project would
otherwise allow. Please see Attachment 1 for a list of
references that you may check with to gain an
understanding of the quality and relevance of the work that
we do.
The proposed outreach will be targeted toward the
multitude of different food service facilities and vulnerable
community groups that a proposed foodware ordinance
could affect. A variety of outreach techniques are proposed
with an overall uniform, positive, and inclusive/adaptable
graphic message that will be applied to workshops, field
outreach, and surveys to target food facilities and
community groups throughout the City of Cupertino. The
outreach will be both inquisitive to gain needed knowledge
from the food service facilities/affected communities and
educative with innovative, creative and effective ideas to
develop, implement and track foodware alternatives that
are either reusable or less likely to pollute the environment
and more likely to reduce waste. EI intends to partner with
Community Based Organizations in the City of Cupertino
that may already be trusted and known by food service
facilities and/or demographic groups and to enlist an individual to assist with language gaps. EI is currently
leading a “Foodware Aware” team in San Mateo County to develop, implement, and track the effectiveness
of a comprehensive, standardized, and impactful community awareness and engagement program for the
County’s Disposable Food Service Ware Ordinance. As such, we have significant experience in this realm
and the learnings and materials we are developing can be leveraged in the City of Cupertino for cost
savings and efficiency.
EI has over two decades of experience creating environmental solutions that encompass deep
collaborations and public/private partnerships that both heal and empower communities. In San Mateo
County, we have designed an approach that prioritizes the elimination of single-use plastics and related
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sources of waste and pollution, such as PLA’s and PFAS, to improve the health and safety of San Mateo
County community members, and keep our waterways clean and safe.
Through our work running multiple Green Business Programs throughout the State and leading the
statewide non-profit, the California Green Business Network, and even our most recent work providing
COVID-19 services and safety in restaurants, we have discovered a winning recipe for ensuring that our
services and advantages reach more vulnerable communities. We have worked with the following groups
to ensure equitable delivery of sustainability resources: the Peninsula Chinese Business Association, the
Bay Area Organization for Black Owned Businesses, El Concilio, Renaissance, the Fresno Metro Black
Chamber of Commerce, the Fresno Area Hispanic Foundation, and the San Mateo Chamber of Commerce
- Hispanic Business Committee; to name a few.
As a B Corp, we are committed to people and planet over profit; including diversity, equity and inclusion
(DEI) from the core of who we hire to the tendrils of the groups we touch. The entire team at EI is
committed to continual DEI education and strategy, including important reading such as “How to be an
Anti-Racist” by Ibrahim Kendi and the recent organization of an anti-racist training from Doyin Richards for
an entire statewide sustainability collaboration. This group also formed and led the Equity Committee of the
California Green Business Network. We have taken a hard look at sustainability offerings and their potential
to do good things while often excluding entire hard-to-reach and vulnerable populations. We pride
ourselves on incorporating these hard-to-reach populations in our program designs at the onset of a
project. We do this not only because our clients need this level of dedication. We do this because it is our
own metric of excellence.
Experience Summary
Environmental Innovations is an environmental consulting firm that started in 2006 that provides
businesses, local governments, and nonprofits throughout California with sustainability planning and
program development, compliance support, waste management, and environmental certification and
training. EI provides staffing and coordination for the state-wide California Green Business Network, which
assists forty (40) municipal Green Business Programs to deliver certification and technical services related
to energy, water, waste, pollution prevention, and community services. EI also contracts with several
municipalities to administer Green Business services on their behalf: Santa Cruz City and County, San
Mateo County, Monterey County and City, San Benito County, Alameda County, Solano County, City of
Watsonville, and City of Carlsbad. EI currently contracts with San Mateo County to direct all aspects of the
San Mateo County Green Business Program and the outreach and soft enforcement for the Foodware
Aware Program, under the leadership of the County of San Mateo Office of Sustainability (OOS). This
includes working with restaurants and other food service facilities (caterers, schools, events, food
manufacturers, groceries, etc) to minimize waste and move to more sustainable options for dining in and
take-out food service ware. The program requires significant recruitment, marketing, and partnership
development. In an effort to level the playing field and offer the Green Business advantage to businesses
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owned by underserved, vulnerable individuals and/or owned or operated by persons of color, EI enlisted a
variety of trusted Community Based Organizations to recruit businesses into the Program, and dedicated a
substantial amount of the budget to rebates and “prebates” to help businesses in vulnerable communities
meet the requirements of the ordinance and have free technical assistance to be able to do so.
EI also coordinates regulatory industrial environmental compliance for municipalities, including coordination
of all aspects of the fats, oil and grease (FOG) and stormwater pollution prevention programs for
restaurants which plays heavily in food service ware when it comes to requirements for dishwashers and
grease interceptors to use reusable ware. We also enforce polystyrene bans, mandatory recycling, and
compost laws. In this sense, EI is accustomed to both voluntary outreach and education as well as
regulatory enforcement and can work in both roles. The best way to enforce both is through the path of this
proposed work, in a “soft enforcement” light, direct community engagement, and providing incentives for
businesses to rise to the requirements.
The materials currently being developed for the San Mateo County Foodware Aware project are being
added to a dedicated website(under development):
https://www.smcsustainability.org/disposable-foodware-ordinance/
Approach Summary
First, EI would assign the current Foodware Team (see Attachment 2 summary of the proposed team)
working on foodware ordinances to this project. The Foodware Team will first consider the specific
community of food service facilities and their demographic makeup in the City of Cupertino. They will gain
an understanding of the key groups that will be affected by an ordinance, what languages are needed and
the key individuals and groups the affected facilities trust. It is expected that a trusted community based
organization(s) and/or individual(s) will be brought on to the Foodware Team under subcontract to conduct
a significant portion of the work.
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Based on the demographics of the City of Cupertino, it is expected that a large amount of outreach will be
done to Asian owned/managed food services facilities, specifically Chinese and Indian in large part but also
Korean, Japanese, and Vietnamese. The Peninsula Chinese Business Association has been an
instrumental partner for various programs run by EI: COVID19 Restaurant resources and safety outreach,
and now Foodware Aware and Green Business. The Chinese Business Association employs multi-lingual
business owners in their outreach with both business acumen and language capabilities in Chinese,
Korean, and Vietnamese. EI will seek a similar partner in Cupertino and if none exists perhaps continue the
partnership on this project.
To both educate and discover unknown hardships surrounding sustainable foodware in the City of
Cupertino, the Foodware Team has designed a strong approach and work plan based on previous
experience, knowledge gathering outcomes and the ability to adjust the action plan and scope in real-time
as needed. The main facets of the campaign include:
Task 1: Community Outreach and Engagement
1.1 Establish Plan for Outreach and Engagement
The Foodware Team will work with staff from the City of Cupertino to develop an effective plan complete
with key partnerships and engaged CBOs. The plan will be comprehensive but allow for adaptation as new
knowledge comes to light. It is expected that a community outreach and engagement plan will include
attending various community group meetings,recruiting a trusted CBO, and enlisting a consultant to help
with language gaps. For instance, the CBO engaged may be the West Valley Community Services and we
may need individuals fluent in Chinese (Mandarin and Cantonese) or Hindi to fill some language gaps. One
potentially strategy may be to engage youth leadership in the project such as the students and mentors at the
Asian Pacific American Leadership Council (APALI) at De Anza College in Cupertino. EI has multiple staff with
Spanish language capabilities already. It is also expected that the outreach will have two very different
different target groups within food service facilities: restaurants/groceries and institutions. The plan can
utilize citizen groups formed around sustainability in institutions as well as restaurant groups. The plan will
in large part identify hard-to-reach and/or vulnerable groups that would be affected by a foodware
ordinance. It is expected that as the work progresses, additional groups will be identified so it is important
to be nimble in being able to assign more resourcesalong the course of the project. Any sustainability
project plan must consider vulnerable populations at the outset such as houseless and disabled individuals.
For instance, not allowing disposable takeaway containers for food donation programs would be
detrimental to houseless individuals and not allowing straws for some disabled individuals is unacceptable.
In addition, the outreach should both educate on foodware alternatives and adaption at the same time as
gaining feedback.
Since EI is already engaged in doing this outreach, much of what has been developed already can be
altered for the City of Cupertino, allowing us to do much more work than what the budget for this project
allows.
www.environmentalin.com 5
1.2 Targeted Stakeholder Engagement using an Equity Lens
A presentation with a small printed handout with links to a survey will be developed to gain feedback from
various groups. A pre-recorded video describing sustainable foodware initiatives and why it is important
that we gain feedback will be developed. The foodware team will attend up to five group meetings using the
presentation. The group meetings will be selected based on the identified hard-to-reach and/or vulnerable
groups. The foodware team will also promote two webinars wherefood service facilities (FSFs) and
foodware vendors will be assembled to go over best practices and options for foodware, as well as
potential discounts, rebates and incentives. It is expected that one event will focus on restaurants while the
other will focus on institutional food service such as educational and large employee campuses, since
these are two vastly different types of food service facilities. Depending on timing, the events will either be
in-person or online. The event will be advertised broadly. The purpose of the events will be to both educate
while gaining feedback from food service facilities and conduct a real-time anonymous survey to garner
that feedback. Through this work, we expect that the Foodware Team will gain a greater understanding for
the groups potentially affected and will be able to do a deeper dive into groups that have not come forth
through the targeted stakeholder group engagement.
1.3 Broader Public Engagement using an Equity Lens
The team will further disseminate surveys to food service facilities utilizing virtual outreach by phone and
email to a select subset of businesses in Cupertino, matching the demographics of the food service
industry. Based on our experience with restaurants and food service facilities, a significant amount of this
outreach will need to be done in-person. The Foodware Team commits to gaining digital survey responses
from at least 100 food service facilities and an additional 50 from door to door outreach. Community-based
organizations will be key to this effort.
Task 2 Results Analysis and Documentation
A report will be provided at the end of the project detailing the outcomes and feedback with an analysis of
how it might impact the adoption of a foodware ordinance in the City of Cupertino. Economic and social
implications will be detailed and recommendations for equity and inclusivity options to decrease the impact
on more vulnerable communities will be provided. The report will be written with visual graphics and
images to lend to readability and understanding for multiple stakeholders, such as the Sustainability
Commission, the City Council, and other decision makers.
EI would be delighted to present these reports to the Sustainability Commission and the City Council as
“pro-bono” time.
The Foodware Team is the best equipped and experienced to conduct this work and, based on the results
of this project, could also be well trained to assist with efforts to deploy an ordinance in the future. EI works
with multiple groups to provide outreach to food services facilities but most notable and effective are
Rethink Disposable and Plastic Free Restaurants. EI is a certified B Corp and carries the necessary
www.environmentalin.com 6
insurance requirements for its public agency clients. RD is part of the Clean Water Fund, a 501.c.3
organization. Plastic Free Restaurants is also a 501.c.3 organization.
www.environmentalin.com 7
Project Tasks and Estimated Costs:
Assurances: EI services are done with Professional and General Liability insurance up to $2,000,000, Workers’
Compensation, and automobile insurances of up to $1,000,000. Although EI maintains the extensive insurances often
required by government and institutional clients, EI has never been involved in any lawsuit or litigation for any of its
work. EI will provide a Certificate of Insurance, naming the City of Cupertino as additional insured upon request.
www.environmentalin.com 8
Foodware Stakeholder Engagement City of Cupertino Estimated
Hours
Cost
Task 1: Community Outreach and Engagement
1.1 Establish Plan for Outreach and Engagement 30 3,300
1.2 Targeted Stakeholder Engagement Using an Equity Lens
Workshops/Meetings with Key Affected Groups/Video 30 3,300
Resource Guide/Case Studies 10 1,100
1.3 Broader Public Engagement using and Equity Lens
Surveys: Virtual and In-Person Door to Door Outreach 80 8,800
Community Based Organization Subcontract for Surveys 5,000
Language gap consultants 1,000
Graphics/marketing 20 2,200
Task 2: Analysis and Report 20 2,200
Presentation to Sustainability Commission and City Council Pro-bono
Expenses, Printing and Mileage 1,000
Subtotal: $27,900
Rates: It is expected that this project will be completed by the Senior Scientist, the Marketing Director and
Compliance Inspector. However, if speed or budget requires, a Staff Scientist or Student Intern could be utilized.
Labor Rate Sheet
References: EI delivers programs successfully within the budget and schedule indicated on the contract. Following is
a table detailing most recent and relative clients. Any client may be contacted at any time for references for verifying
the quality of work provided.
www.environmentalin.com 9
Staff Position Hourly Rate
Senior Scientist, Marketing
Director
110
Staff Scientist 85
Compliance Inspector
Student Intern
110
50
Attachment 1: References
Environmental Innovations
www.environmentalin.com 10
Project Name Client/Contact Description of Work Performed
Environmental Compliance
Regulator, NPDES Permit
Compliance Management,
Transportation Grants
Management, EAR and
Organics Recycling
City of Scotts Valley, Scott
Hamby, (831) 438-0732
Conduct Environmental Compliance Inspections of SIU
and light industrial users of the sewer systems. Update
regulations, assist with stormwater compliance of a
NPDES permit. Obtained STBG funding for 2017.
Control FOG and eliminate stormwater pollution from
food service facilities.
Green Business Program
Administration
County of Santa Cruz, Beau
Hawksford, (831) 454-2358
Coordinate all aspects of the GBP for the County of
Santa Cruz.
Green Business Assistance City of Watsonville, Hilda
Peralta, (831) 768-3164
Coordinate all aspects of the GBP for the City of
Watsonville.
Green Business Assistance and
Foodware Aware Outreach
County of San Mateo, Office
of Sustainability
Hannah Doress, (650)
599-1468 and Eun-Soo Lim
(650) 599-1498
Coordinate all aspects of the GBP in concert with OOS
staff.
Coordinate all aspects of the Foodware Aware Outreach
program in concert with OOS staff.
California State University
Monterey Bay (CSUMB)
Lacey Raak, (831) 582-5508,
and Anya Spear, (831)
582-5098
Performed detailed Scopes of Work for Custodial and
Landscaping Services to ensure sustainable operations.
Assisted with STARs reporting for recognition and
stormwater compliance. Drafted a Materials
Management and Conservation Plan to reach required
diversion goals.
California Green Business
Network (CAGBN) Oversight
and Direction
Multiple program sponsors and
partners throughout the State
of California.
Pam Evans, Chair of the Board
of Directors (510) 452-7638
Executive Director of the centralized aspects of
CAGBN, including facilitation of meetings,
committees, and funding partners. Main tasks are the
operation of the web-based tracking tool
GreenBizTracker, marketing, training and funding
development.
Attachment 2: Team Bios and Availability
Please see our website and LinkedIn pages for more complete information on staff backgrounds:
https://environmentalin.com/our-team/
Josephine (Jo) Fleming, Executive Director, California Green Business Network and
President, Environmental Innovations.
Jo will provide Project Oversight and Guidance. It is anticipated that her role will be a leadership role.
Jo has nearly 30 years experience in the environmental realm in a wide breadth of scientific research, environmental
remediation, commercial/industrial pollution prevention, environmental outcome data and community-based social
marketing programs to address some of the most pressing environmental problems of our time. She has a Bachelor of
Science in Environmental Science and a Minor in Spanish Literature. She has worked to establish numerous Green
Business Programs, green hundreds of businesses, and serves as the Executive Director of the California Green
Business Network.
Jo began her career in research on constructed wetlands, compost, and field application of biosolids, and then moved
into environmental site assessment and environmental remediation. From there, she began assisting individual
companies with environmental compliance and policy, such as Seagate Technologies and other large biotechnology
and microelectronic companies. She soon wanted to help more than one company at a time and therefore took a public
position with the County of Santa Cruz, where she started the Monterey Bay Area Green Business Program as well as
a substantive industrial pollution prevention outreach program. Soon, several Cities were requesting her services to
coordinate the Green Business Programs in their jurisdictions. Jo started Environmental Innovations to be able to
serve more of the community. As of 2017, Ms. Fleming and her team have assisted over 500 businesses to go Green,
held over 20 industry-specific workshops, and have sparked over 20 new Green Business Programs across the state,
and 5 states throughout the Nation. Jo currently serves as the Executive Director of the California Green Business
Network, coordinating a network of 40 Green Business Programs, designed and built a web-based database that tracks
businesses through the program and measures metric outcomes throughout the State of California, and nationally. The
Network was recently inducted into the Green Hall of Fame and awarded the Business Intelligence Group
Sustainability Award. Other groundbreaking programs that have been started and coordinated by Jo’s team in the past
include the Fryer to Fuel Program and the Sharp Solutions for Home Medicines Program. Ms. Fleming has won
several awards including the Western Regional Pollution Prevention Network Pollution Prevention Champion 2003
and 2012, the County of Santa Cruz “Gold” Employee of the Year Award 2004, California Water Environment
Association Pretreatment, Pollution Prevention and Stormwater Person of the Year 2003, Department of Toxic
Substances Control Office of Pollution Prevention Recognition for exemplary work in promoting Pollution Prevention
2003 and 2006. Jo had a non-traditional childhood, grew up in multiple continents and cultures and is now proud to
apply that broad lens to sustainability work.
www.environmentalin.com 11
Lawrence Nussbaum, Standards Development and Green Business Program Director
Lawrence Nussbaum, EI Senior Consultant, currently serves the County of San Mateo Office of Sustainability as their
Green Business Program Director and is leading the Foodware Aware Program. It is expected that Lawrence will be
the project manager. Lawrence holds a Masters in Environmental Management from Yale University and has over 20
years of experience working with sustainability certification programs and market-based sustainability in a variety of
sectors. Lawrence was a leader in the development of Forest Stewardship (FSC) certification for the wood products
industry, built out the regional Salmon-Safe certification program for watershed friendly land use practices in the
Pacific Northwest, and managed several market-based sustainability initiatives in agriculture and biofuels, textiles,
furniture, manufacturing and green building for a variety of clients. At SCS Global Services, Lawrence managed
client services, communications, and training for LCA based products (Environmental Product Declarations,
Environmentally Preferable Product certification), indoor air quality certification (‘Indoor Advantage’ Low VOC,
Formaldehyde Free), certified recycled content and certified biodegradable, as well as several industry sustainability
standards including Business and Institutional Furniture Manufacturers Association (BIFMA) certification,
Association for Contract Textiles’ (ACT) FACTS certification, and the Resilient Floor Covering Institute (RFCI)
FloorScore certification. Lawrence has conducted hundreds of environmental audits and has consulted with
multinational corporate clients, private landowners, NGOs, and government agencies on implementation of
sustainable management systems and related communications strategies.
Shawn Orgel-Olson, Sustainability, Marketing and Performance Standards Director
Shawn Orgel-Olson focuses on marketing, program operations, recruitment strategy, and standards development. He
also advises the Performance Standards and Marketing Committees of the California Green Business Network.
Prior to joining EI and the California Green Business Network, Mr. Orgel-Olson worked for the City of Santa Cruz on
their Operations and Resource Recovery teams where he focused on energy efficiency, resource recovery and oversaw
the City’s Green Business Program. The City of Santa Cruz boasts some of the highest numbers of certified Green
Businesses per capita. His experience working at Disney Consumer Products in their Sustainable Business Practices
and International Labor Standards groups provides invaluable corporate sustainability experience. As a Project
Coordinator for the Alliance to Save Energy at UC Berkeley he focused on projects that reduced the energy
consumption of fume hoods, dormitories and campus vending machines.
Maria (Corona) Corona, Social Equity and Social Media Outreach Coordinator
Corona is a sustainability professional with an emphasis on social media marketing, graphic design and environmental
justice. She does community outreach and marketing efforts for the 42 programs in the California Green Business
Network (CAGBN) and is the City of Watsonville Green Business Coordinator, offering assistance to businesses in
both English and Spanish. Corona works specifically with Community-Based Organizations to increase participation
in vulnerable communities so that the Green Business advantage is uniform and equitable in the State of California. It
is expected that Corona will be available to assist in the design of outreach to vulnerable communities for the project.
Before joining EI, Corona was part of a team at Ecology Action that helped increase Spanish-speaking business
registration within the six Monterey Bay Area Green Business Programs and create an outreach strategy for working
with underrepresented communities. As Co-chair for the Education for Sustainable Living Program at UC Santa Cruz,
Corona helped provide a student-organized, student facilitated forum to bring topics such as environmental justice,
www.environmentalin.com 12
waste reduction, green purchasing, food sovereignty, and other environmental issues to the wider Santa Cruz
community. She graduated from the University of California, Santa Cruz with an Environmental Studies B.A. and
Latin American Latino Studies & Sociology B.A.
Attachment 3: Attachment D – Non-Discrimination Workforce
www.environmentalin.com 13
ORGANIZATION Environmental Innovations, Inc
ADDRESS 307 Laguna Street, Santa Cruz, CA 95060
BUSINESS LICENSE
# NA, Will obtain.
You may complete this online & make entries in these cells, they will be automatically totaled at the bottom; or print
the form & complete by hand/typewriter.
Occupational
Category
(see page 2 for
definitions)
ALL
EMPLOYEES WHITE BLACK ASIAN HISPANIC
OTHER
(specify)**
Male
Femal
e
Ma
le Female
M
a
l
e Female
M
a
l
e
Fem
ale
Male
Femal
e
M
al
e Female
Officials/Administra
tors 1 1
Professionals 3 3 2 2 1 1
Technicians
Protective Service
Workers
Para-professionals
Office/Clerical
Skilled Craft
Workers
Service/Maintenanc
e
Other Occupation:
Specify*
Totals 3 4 2 3 1 1
Is your business MBE/WBE/DBE
certified? No
If Yes, by what
agency?
We are woman-owned but not
certified as such
www.environmentalin.com 14
If Yes, please
specify:
or ethnic
identification:
Do you have a policy of
non-discrimination?
Ye
s
Signature Date 4/27/21
Print/Type Name of
Signer Josephine Fleming, President
Verified by Date
City of Cupertino Contract Project Manager
Revised: April 30, 2020 – Services Agreements
1
Exhibit A-A – SHELTER IN PLACE AND SOCIAL DISTANCING REQUIREMENTS
A. Health Laws Acknowledged. It is acknowledged that Consultant’s/Contractor’s
(“Contractor”) duty to comply with Laws, as defined in Section 13 of the Contract/Agreement
(“Contract”), includes immediate compliance by Contractor and its subcontractors with the
restrictions on travel and the Social Distancing Requirements set forth in the most recent health
order issued by the County of Santa Clara Health Department in response to the COVID-19
pandemic, and any subsequent amendments or superseding orders thereto (the “Health
Order”), and any other local, state, or federal laws that have been or may be enacted in
response to the COVID-19 pandemic (collectively, “Health Laws”).
B. Health Order Compliance. Contractor shall comply with any restrictions on travel and social
distancing requirements in the Health Order when preforming work under this Contract. If a
scope of work item, notice to proceed, or work order under this Contract specifies work that
cannot be performed in compliance with the Health Order or other Health Laws, Contractor
shall refrain from conducting the work and immediately inform the City.
C. Individuals at High Risk of Severe Illness. Nothing in this Contract shall be interpreted to
require any person at high risk of severe illness from COVID-19 to leave their residence to
perform work under the Contract. Contractor will inform the City if other arrangements for the
work must be made, and City will do so, with no penalty to Contractor, although Contractor will
not be compensated for work performed by the City or third parties. Information from the
Center for Disease Control (“CDC”) on “high risk” categories is available at the CDC's website at:
https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.html.
D. Health Order Requirements and Best Practices. Contractor will immediately undertake all
appropriate measures to ensure compliance with the Social Distancing Requirements in the
Health Order by all individuals performing work under this Contract, including Contractor's or
any subcontractor's workers, employees, representatives, vendors, or suppliers (collectively,
"workers"), and shall maintain these measures for as long as required by the Health Order or
other Health Laws. As long as required by the operative Health Order or other Health Laws,
these measures shall include, but are not limited to, the following:
1. Meetings/Site Access. Use electronic alternatives to in person meetings, e.g.,
conference calls, video-conferencing, etc., to the greatest extent possible. Limit access
to any project site or any work area to workers who are necessary to perform in-person
work. Require non-essential personnel to work from home to the extent possible. Avoid
all non-essential travel.
2. Distancing. Where workers perform in-person work at a project site or a work area,
prohibit workers from being less than six feet apart, unless and only to the extent that
would compromise worker safety or violate safety Laws for specific operations. Prohibit
handshaking or any physical contact among workers, with the sole and limited exception
Revised: April 30, 2020 – Services Agreements
2
of any physical contact required for worker safety or to comply with safety Laws.
Prohibit workers from sharing a vehicle.
E. Changed Requirements. It is understood and acknowledged that circumstances pertaining to
the COVID-19 pandemic are evolving rapidly and that new local, state, or federal requirements
may modify the requirements under this Exhibit. Contractor agrees to work cooperatively with
the City to implement new or changed requirements as quickly as possible.
F. Subcontracts. Contractor shall include the terms of this Exhibit in all subcontracts and require
any agents, subcontractors, or subconsultants to comply with its provisions.
1229192.7
7/7/2021 Schedule
https://public.3.basecamp.com/p/dSFkzG3r9qbgUo82sTmn2BDf 1/2
Schedule
Wed, Jul 7, 2021
▢Kick-off meeting
Fri, Jul 9, 2021
▢Provide list of food service facilities to target
Tue, Jul 13, 2021
▢Finalize Work Plan, Timeline, & Deliverables
Wed, Jul 14, 2021
▢Organize and segment the business list by type, region, and demographics.
▢Review existing surveys
Tue, Jul 20, 2021
▢Identify, Evaluate, and Engage CBO Partners
▢Design digital survey
Fri, Jul 23, 2021
▢Design survey questions
▢Identify outreach strategy and subset of food facilities to be reached
Wed, Jul 28, 2021
▢Pre-recorded video
Tue, Aug 3, 2021
▢Design and produce handouts with key links
Wed, Aug 4, 2021
▢Design slide deck presentation
Tue, Aug 17, 2021
▢Conduct 1:1 outreach and engagement
July 2021
August 2021
September 2021
Exhibit B- Schedule of Performance
Environmental Innovations/City of Cupertino Outreach
Contract
7/7/2021 Schedule
https://public.3.basecamp.com/p/dSFkzG3r9qbgUo82sTmn2BDf 2/2
Fri, Sep 3, 2021
▢Attend/present at key business association meetings
▢Coordinate & produce webinar
▢Analysis of survey results and feedback
Fri, Sep 10, 2021
▢Produce draft report
Wed, Sep 15, 2021
▢Results Presentation Slide Deck
Fri, Sep 17, 2021
▢Produce Final Report
EXHIBIT C- Fee Schedule
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts
1
Form Updated Sept. 2019
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract,
at its own cost and expense, the following insurance policies and coverage with companies doing business in
California and acceptable to City.
INSURANCE POLICIES AND MINIMUMS REQUIRED
1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for
premises operations, products and completed operations, contractual liability, and personal and
advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a
general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit.
a. It shall be a requirement that any available insurance proceeds broader than or in excess of the
specified minimum insurance coverage requirements and/or limits shall be made available to the
Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the
broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory,"
will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO
Form CG 20 10 (04/13).
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or
excess insurance, provided each policy complies with the requirements set forth in this Contract. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary basis for the benefit of City before the City’s own insurance or self-
insurance shall be called upon to protect City as a named insured.
2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned
autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits and
Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.
Not required. Consultant has provided written verification of no employees.
4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s
profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a
claims made form:
a. The Retroactive Date must be shown and must be before the Effective Date of the Contract.
b. Insurance must be maintained for at least five (5) years after completion of the Services.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase
“extended reporting” coverage for a minimum of five (5) years after completion of the Services.
EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts
2
Form Updated Sept. 2019
OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers
(“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile
liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s
insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later
editions are used).
Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance
maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance
and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the
extent said losses are covered by the insurance policies required herein. Specifically, the Workers’
Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed
by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not
the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional
Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim
administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured
retention may be satisfied by either the insured or the City.
Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.
Verification of Coverage
Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies
effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the
CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to
demand verification of compliance at any time during the Contract term.
Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of
this Contract, including naming the City as an additional insured on subconsultant’s insurance policies.
Higher Insurance Limits
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be
entitled to coverage for the higher insurance limits maintained by Consultant.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior
experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
Environmental Innovation for Outreach Services
for Single-use Disposable Food Service Ware
Ordinance
Final Audit Report 2021-07-27
Created:2021-07-27
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAuIOzJTNFGaIbdAlfKjnsuEdYvfw9eW2E
"Environmental Innovation for Outreach Services for Single-use
Disposable Food Service Ware Ordinance" History
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